In the instant case the borrower created equitable mortgage by deposit of title deeds in favour of the Lender.
As per the executed Loan agreement between the lender & borrower one of the condition that ‘The lender may return the documents of title either/any of the borrowers notwithstanding any contrary advice/intimation from either/any of the borrowers at a later date’.
In the instant case the borrower created equitable mortgage by deposit of title deeds in favour of the Lender.
In view of the above, whether the original documents mortgaged with the Lender can be delivered to the GPA holder. If yes, what are the precautions to be taken & if the answer is no what are the reasons.
Guest
(Expert) 14 June 2011
Yes,the Lender can be delivered to the GPA holder. For further reading this format : www.iba.org.in/Circularmember/Powerofattorney%5CPOA1.doc
Trouble Logging in? Try following the given steps -
1. Visit your inbox to find a confirmation mail from LAWyersClubIndia.
2. Click on the confirmation link and confirm your signup